The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
As published
106 Procedure on appeals
(1) The appeal body may, in relation to a decision, or the imposition of a civil sanction or issue of a notice which is the subject of an appeal under regulation 104 or 105—
(a) quash the decision, or withdraw the civil sanction or the notice, in whole or in part;
(b) confirm the decision, civil sanction or notice, in whole or in part;
(c) vary the decision, civil sanction or notice in whole or in part;
(d) take any steps the appropriate agency or the scheme administrator could take in relation to the matters giving rise to the decision, or the act or omission giving rise to the civil sanction or the notice;
(e) remit the decision, including a decision whether to confirm the civil sanction or the notice, or any matter relating to that decision, to the appropriate agency or the scheme administrator.
(2) Where an appeal is made to the Scottish Ministers, they may—
(a) appoint any person to exercise on their behalf, with or without payment, the function of determining the appeal; or
(b) refer any matter involved in the appeal to such person as the Scottish Ministers may appoint for the purpose, with or without payment.
(3) Where an appeal is made to the Scottish Ministers or the Planning Appeals Commission, if the appellant so requests, or the Scottish Ministers or Planning Appeals Commission so decide, the appeal must be in the form of a hearing.
(4) Schedule 11 makes further provision about the procedure on an appeal.
Your change, as a redline
106 Procedure on appeals
(1) The appeal body may, in relation to a decision, or the imposition of a civil sanction or issue of a notice which is the subject of an appeal under regulation 104 or 105—
(a) quash the decision, or withdraw the civil sanction or the notice, in whole or in part;
(b) confirm the decision, civil sanction or notice, in whole or in part;
(c) vary the decision, civil sanction or notice in whole or in part;
(d) take any steps the appropriate agency or the scheme administrator could take in relation to the matters giving rise to the decision, or the act or omission giving rise to the civil sanction or the notice;
(e) remit the decision, including a decision whether to confirm the civil sanction or the notice, or any matter relating to that decision, to the appropriate agency or the scheme administrator.
(2) Where an appeal is made to the Scottish Ministers, they may—
(a) appoint any person to exercise on their behalf, with or without payment, the function of determining the appeal; or
(b) refer any matter involved in the appeal to such person as the Scottish Ministers may appoint for the purpose, with or without payment.
(3) Where an appeal is made to the Scottish Ministers or the Planning Appeals Commission, if the appellant so requests, or the Scottish Ministers or Planning Appeals Commission so decide, the appeal must be in the form of a hearing.
(4) Schedule 11 makes further provision about the procedure on an appeal.
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